Pets are property, not children: judge

Posted on: April 5th, 2017 by Suzanne Deliscar Add A Comment

A Saskatchewan court decision should serve as a reminder that Canadian law does not treat family pets in the same way as children, no matter how much their owners might like them to, says Brampton lawyer-linguist Suzanne Deliscar.

Saskatchewan Court of Queen’s Bench Justice Richard Danyliuk recently rejected an interim exclusive possession application that asked him to take a “custody approach” to the question of where two family dogs should live after the couple’s separation.  

Deliscar, principal of Deliscar Professional Corporation, a law firm that offers services in English, French and Spanish, says she’s not surprised to see pet owners using child custody proceedings as the template for their cats, dogs and other creatures.

“Some people will spend as much time, money and effort on their animals as their own children, but pets are generally considered property in law, which is something I think many people don’t know,” she tells “When you do a will, you can bequeath the family dog or cat just like you would any other piece of property.”


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